Sleep apnea decisions — 2008

The VA determined that the veteran's lumbosacral strain with degenerative disc disease did not warrant a rating higher than 20 percent.

The veteran's claim for service connection for lumbosacral strain and degenerative joint disease of the lumbar spine, claimed as lower back pain, is being remanded to allow the veteran to be rescheduled for a Travel Board hearing.

The Board denied the veteran's claims of entitlement to service connection for a psychiatric disorder, right knee disorder, left hip condition, lumbosacral spine disability, and depression on the basis that new and material evidence was not submitted sufficient to reopen these claims. The veteran's psychiatric disorders were found to have begun many years after service and were not related to his military service.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for a back disorder due to lack of evidence showing that the current disability is causally related to active service.

The Board granted a 50 percent initial disability rating for the veteran's service-connected psychiatric disability and denied her claim for service connection for a lumbosacral strain.

The veteran's claim for a clothing allowance in 2006 was denied because the medical records do not indicate he used a leg brace to treat his service-connected disabilities, and the Huntington VA Medical Center determined that the plastic ankle foot orthosis used by the veteran does not cause irreparable wear and tear to outer garments.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with arthritic changes and intervertebral disc disease was granted. The RO also increased the rating for radiculopathy of the right lower extremity associated with lumbar disc disease to 40 percent effective April 5, 2007.

The VA denied the veteran's claim for an increased evaluation for his service-connected lumbosacral strain disability, as it did not meet the criteria for a rating higher than 20 percent.

The Board finds that the veteran's chronic obstructive sleep apnea first became manifest in service and grants entitlement to service connection for this condition.

The veteran's low back disability was initially evaluated as noncompensable from November 26, 1998 through March 5, 2000. From March 6, 2000 to June 27, 2005, the disability warranted a 20 percent rating. Since June 28, 2005, the veteran is rated at 60 percent for spondylolisthesis of the lumbosacral spine with right lower extremity radiculopathy.

The Board denied the veteran's claims for service connection for a left wrist disorder and an increased rating for lumbosacral strain with arthritis. The lumbosacral strain with arthritis is currently rated at 40 percent, effective September 23, 2002.

The Board found that the veteran's lumbosacral DDD and arthritis warranted a rating of 20% since December 2003, reflecting sustained improvement in his condition. The reduction from 60% to 20% was deemed proper.

The veteran's chronic lumbrosacral strain myostitis, major depression, diabetes mellitus type II (DM), status post left wrist fracture, status post right wrist facture, and left knee osteoarthritis prevent him from engaging in substantially gainful employment.

The veteran's appeal is being remanded due to the need for additional medical examination and review of new evidence, including a private opinion linking his hypertension to his service-connected heart disease, sleep apnea, and bronchial asthma.

The Board denied the veteran's claim for service connection for residuals of a low back injury and arthritis of the lumbosacral spine, finding no evidence to support the contention that these conditions were incurred in or aggravated by military service.

The Board found that the veteran's current low back disorder, including lumbosacral strain with radiculitis to the lower extremities and spondylosis/spondylolisthesis at L5-S1, is not related to his military service. The evidence did not show a chronic condition during or shortly after service, nor was there any indication of such a condition until 1999 following an on-the-job injury.

The Board has determined that the veteran's claimed low back, right wrist, and major depression disabilities were not incurred or aggravated during his military service. The evidence does not support a finding of continuity of symptomatology after service.

The Board has granted service connection for right index finger synovitis and obstructive sleep apnea, finding that these conditions had their onset during the veteran's period of active duty service.

The Board has denied the veteran's claim for service connection for a spinal injury, finding that his current spine condition is not related to his inservice injury.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's sleep apnea and for a VA examination.